Two 8 hour shifts less than 12 hours apart

[bodaboa]

I live in MA but work in NH. I am a non-salaried, non-contracted retail employee. My store manager makes the schedule. Every week, he schedules me to close one night, then open the next morning. Sometimes I'm scheduled this way twice in one week. We close and open in less than 12 hours. For example, the store closes at 11 pm and it takes an hour to clean up so I don't leave until 12 am. Then, I have to show up by 8 am the next day for my next shift. Is this legal? I barely get any sleep because it takes awhile to get home, get changed, get something to eat, take a shower, and wind down enough for bed.

I am also scheduled for 40 hours a week, 6-7 days a week but because of my non paid break, I get no overtime. For instance, today is Tuesday. I work tomorrow and last Wednesday was my day off, so tomorrow will be my 7th day in a row of working. Is this legal?

I've tried looking this up myself but I'm not able to find much info and any info that I find is hard to understand because of the way it is written. I can't take much more of this job but I can't quit because I can't afford it and I have no other job to go to.

Thank you for any help you have. I wasn't sure which thread to go to and this one seemed the most appropriate.

 

[justalayman]

to start with, just in case it was an issue:

275:30-a Lunch or Eating Period. – An employer may not require an employee to work more than 5 consecutive hours without granting him a 1/2 hour lunch or eating period, except if it is feasible for the employee to eat during the performance of his work, and the employer permits him to do so.
Source. 1975, 298:1, eff. Aug. 6, 1975.

I do not find anything requiring any amount of time between shifts other than apparently you have a Sunday work law:

275:32 Sunday Work


Whoever requires an employee engaged in any occupation to do on Sunday the usual work of his occupation, unless he is allowed during the 6 days next ensuing 24 consecutive hours without labor, shall be fined not more than $50; provided that this section and the following section shall not be construed as allowing any work on Sunday not otherwise authorized by law.

275:33 Day Of Rest


No employer shall operate any such business on Sunday unless he has posted in a conspicuous place on the premises a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each, and shall promptly file a copy of such schedule and every change therein with the labor commissioner. No employee shall be required or allowed to work on the day of rest designated for him. Whoever violates this section shall be fined $50.

275:33-a Application. – The provisions of RSA 275:33 shall not apply to hospitals, nursing homes, orphanages and homes for the aged.

apparently if you work on a Sunday, unless you work for a hospital, nursing home, orphanage or home for the aged, you must receive at least one full 24 hour period without a work obligation sometime during the rest of the week.

 

[bodaboa]

Interesting. I knew MA had a Sunday Law but didn't know NH did. Its so infuriating that we live in a country that doesn't put more effort into protecting the worker from these practices. I feel bad for complaining because I know there are some who have it worse than I do, but nobody should have to tolerate laws that only benefit the employer.

 

[Proserpina]

Interesting. I knew MA had a Sunday Law but didn't know NH did. Its so infuriating that we live in a country that doesn't put more effort into protecting the worker from these practices. I feel bad for complaining because I know there are some who have it worse than I do, but nobody should have to tolerate laws that only benefit the employer.

On the contrary.

For example "at will" employment can leave the employer in the dust struggling to complete their work while trying to find a decent employer to fill the gap.

 

[swalsh411]

Interesting. I knew MA had a Sunday Law but didn't know NH did. Its so infuriating that we live in a country that doesn't put more effort into protecting the worker from these practices. I feel bad for complaining because I know there are some who have it worse than I do, but nobody should have to tolerate laws that only benefit the employer.

Are you done?

You're not a slave. Find a better job if you don't like it.

 

[OHRoadwarrior]

Blame all the evil US citizens who want to shop for Xmas when they have time. That is what created Xmas shopping hours and the need to stretch staff hours to accommodate them.

Interesting. I knew MA had a Sunday Law but didn't know NH did. Its so infuriating that we live in a country that doesn't put more effort into protecting the worker from these practices. I feel bad for complaining because I know there are some who have it worse than I do, but nobody should have to tolerate laws that only benefit the employer.

 

[commentator]

I suggest you call your Department of Labor Wage and Hour division and discuss the situation of your 40 hours a week/unpaid break/no overtime with them in detail, to see if they're evading their overtime responsibilities legally. Otherwise, everything they're doing, they are perfectly okay to do, including schedule you two shifts with very little time between so that you are not able to get your proper sleep.

It may be that this is a deliberate effort to make your shifts uncomfortable to you and persuade you to quit. Or it just may be someone who isn't very good at scheduling. Have you discussed this with the scheduling supervisor, nicely pointed out to him/her that this is a problem for you, asked if there is any way they could change the schedule? Try to work it out. That way, if you do have to quit, at least you've not given them an ultimatum and walked, and you'll be found trying to solve the problem before you give up on it.

As for "it's a shame in this country..." where on earth did you get the idea that anyone in this country (except labor unions) was trying to make things better for American workers? When the executives of a company make more in one day than some of their full time employees make in one year, how frightfully concerned do you think they are about your comfort regarding shifts? And the job you do isn't something like driving a truck or performing brain surgery, no one will die if you aren't 100% good when you start again on the next shift because you didn't get your rest. They (corporate Americans) do not care and will not change things like this or inact laws in the name of fairness to workers. You have only the alternative of either working it out where you are or quitting (without unemployment benefits) so do it after you've found another job to go to.

 

[OHRoadwarrior]

Many times in retail a break is taken when no customers are present. It is not pre-scheduled. You can be required to eat and work during your shift.

275:30-a Lunch or Eating Period. – An employer may not require an employee to work more than 5 consecutive hours without granting him a 1/2 hour lunch or eating period, except if it is feasible for the employee to eat during the performance of his work, and the employer permits him to do so.

http://gencourt.state.nh.us/rsa/html/XXIII/275/275-30-a.htm

 

[CSO286]

Wow...I was going to say--ever worked in health care? We called it "doubling back" because it wasn't quite a double shift, but it sure was unpleasant. Back when I did that sort of shift work, I'd work 2-10:30 and then be required to be in the next morning for the the 6-2:30 shift.
Same thing would happen to me when I worked at a 7-eleven....

That is legal.

 

[bodaboa]

Are you done?

You're not a slave. Find a better job if you don't like it.

Obviously, I'm trying to find something better. I put applications in everyday when I get home. I have interviews in other places, but I'm simply trying to figure out my rights in this new state since I just moved 1500 miles. Thanks for the "advice", senior member. I hope you got your senior member status by actually helping people instead of making smart remarks like you are on my question.

 

[bodaboa]

I definitely appreciate the suggestion to talk to the depth of labor about possible overtime issues. I didn't think of that.

I am fully aware that not a single corporate company gives a **** about their employees and that no law makers want to protect employees. That's what I meant by "it's a shame". Employers SHOULD care about their employees, but American culture says otherwise. People SHOULD care about others but they don't. Shameful.

 

[bodaboa]

I have worked medical, including several stay awake shifts in a row. Like I said before, I know other people have it worse than I do. I'm simply trying to find out what my rights are.

I plan on working medical again because its something I actually enjoy. Its easy to work terrible shifts when it is something you love to do. I had to take this job out of necessity because I just moved here in July and it was the first thing that was offered to me. I've never stopped looking for a better job since I started in this job in September.

 

[cbg]

May I ask where in NH you work? I have a reason for asking.

 

[Staten.Islander]

Obviously, I'm trying to find something better. I put applications in everyday when I get home. I have interviews in other places, but I'm simply trying to figure out my rights in this new state since I just moved 1500 miles. Thanks for the "advice", senior member. I hope you got your senior member status by actually helping people instead of making smart remarks like you are on my question.

Things are not any better and are probably worse in New York. Especially for security guards, who have been dealing with progressively lower wage standards over the last decade or more. (As if the industry didn't already take advantage of it's mostly minority workforce).

Three months ago I had the same problem as you. Two 12 hour shifts on my feet with 12 hours in between them. And the shifts covered the overnight, so I had to get home an try to sleep in the day time. And then have to adjust for the upcoming day time shifts during the week. (When I was younger and not hurt, this was plausible, at least for a time).

I sent a polite letter to the office concerning the pain this caused with my back problem and didn't even mention that I've been seeing a sleep therapist for the last year and a half).

The scheduling manager wasn't happy about my e-mailing the office and now I only get one or two short shifts a week. The reason? my "Back problem". (My weekly hours for the last couple of months are now usually 4, 5, 6 or 7 hours. And I'm working for a company that hasn't given it's low level employees a raise in at least 5 years, probably more, going by what I am told).

And as for labor unions. My experience has shown me that they are useless in this industry for much outside of snatching your dues. (At least here in New York).

My previous job invloved my employer screwing with my schedule and dropping my pay in what was an obvious attempt to get me to quit. When that didn't work I was just not given any work assignments at all. So I wasn't officially terminated. But what does that mean when you try explaining that to the next potential employer wo inquire about your work history and reason for leaving?

The law allow these things, and the security industry has figured out that quality employees are secondary to promoting a high turn-over so that they can keep costs down. It's just one way these companies stay in business and continue competing with each other.

Staten.islander

 

[commentator]

I certainly hope you've been applying for unemployment for any week that you got less in gross wages than you would have been able to draw in unemployment benefits. If the company tries to get rid of you by cutting your hours, you always have that possibility of applying for partial unemployment benefits while still working. It is a very good idea to tell prospective employers that you left your last job because your hours were cut, or they did not have hours for you to work, which is 100% true, even if they were working everyone else, and didn't go into a tirade about how unfairly you were treated, the sad situation of the American worker in general or how bad things are for you because of your bad back and your sleep issues.